Terror laws put on the net

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PEOPLE under "control orders" face up to a dozen restrictions,
prohibitions and obligations  including being banned from
working or using the telephone and internet  under the
Government's anti-terrorism legislation.

They can be confined to specified premises between set hours,
stopped from possessing certain articles, prohibited from
associating with specified individuals, and required to wear an
electronic tracking device.

The legislation contains a qualified right to kill in certain
circumstances when taking a person into preventive detention or
detaining them.

It specifies that a police officer must not do anything to cause
the death of, or serious harm to, the person except where it is
necessary to protect life or safety of others, including the
officer, and the person can not be apprehended in any other
way.

Law Council of Australia president John North said the law was
"frightening"  especially in light of the fact that federal
police were not always in uniform and not always identifiable as
law enforcement officers.

"The legislation seems to be couched to cover the London
Underground shooting situation and is therefore frightening," he
said. British police shot and killed Brazilian man, Jean Charles de
Menezes on the Underground in July, in the mistaken belief he was a
terrorist.

"What is wrong with the existing law which allows police to use
weapons only when their life or the life of someone else is in
danger?"

To the fury of the Federal Government, the Labor Chief Minister
of the ACT, Jon Stanhope, posted the confidential draft legislation
on his website www.chiefminister.act.gov.au, yesterday, after
inviting feedback from Canberra Muslims.

Mr Stanhope said later his office had received a call from the
federal Attorney-General's Department demanding "that I remove the
documents from public view". The secretary of the Prime Minister's
department, Peter Shergold, rang the head of Mr Stanhope's
department expressing the Howard Government's displeasure.

"I have no intention of removing the draft legislation," Mr
Stanhope said. "It is appalling that the Howard Government
apparently believes that the people of Australia have no right to
see this draft legislation, or to have any input whatsoever into
its formulation."

The president of the Human Rights and Equal Opportunities
Commission, John von Doussa, yesterday joined attacks on the
Government's intention to confine to a week a Senate inquiry on the
legislation.

The Opposition says this would mean only a day would be
available because estimates hearings will also be on, which Prime
Minister John Howard denied. Mr Howard also pointed out that Labor
premiers had agreed to the legislation.

Under the legislation, control orders can be sought from a court
where it would assist in preventing a terrorist act or the person
has trained with a terrorist organisation.

People under them can also be prohibited from going to specified
places, stopped leaving Australia and forced to report in at
specified times. They could be required to be photographed and
fingerprinted.

A person faces life imprisonment for financing a terrorist, even
if done recklessly, not intentionally. A spokeswoman for
Attorney-General Philip Ruddock said that the bill was still "a
work in progress".